It would have to legislatively overrule Cook v. Carroll which has been the law for 70 years.

Here's an interesting study of the privilege in common law countries.

http://researchrepository.murdoch.edu.au/358/1/01Front.pdf

As to the merits of the legislation itself, it's bullshit. Reactive legislation, such as this and the Patriot Act, inevitably creates bad law.

I expect that on a case-by-case basis, the problem is not the seal of confession. From what I've been reading, the actions that promoted the abuse were actions not covered by the confidentiality of confession. Memos, emails and whispered conversations about transferring clergy have nothing to do with Confession and everything to do with corporate defense.